inheritance claim

how to get the back the property of my father,whose after sudden demise the property has been taken over by his own brother.

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The most important thing for you is to identify if this property is your father’s ancestral property or his self-acquired property. Ancestral property is the property your father received from his father. For such a property you and your uncle will have an equal share in the property. If the property is your father’s self acquired property then you, your siblings and your mother only have a right over the property as these relatives are Class I heirs under the Hindu Succession Act. Your uncle will have no right over your father’s self-acquired property. It is therefore advised that you must inform your uncle about the legal provision and ask him for your share. In the possible situation that he does not give you the property you must file a case against him under the Hindu Succession Act to claim your property.

Answered on September 27, 2016.
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